Expanded Maternity Leave Law Presentation 28apr2019

 

105-DAY EXPANDED MATE MA TERNI RNITY TY LE LEA AVE LAW Presented by: Atty. Kenneth Buri

Bureau of Workers with Special Concerns

 

REPUBLIC ACT NO. 11210 An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days For Female Workers With An Option To Extend For An Additional Thirty (30) Days Without Pay, And And Granting An Additional Additional Fifteen (15) Days for Solo Mothers, And For Other Purposes

 

Background

OCTOBER 2018  2018  Bicameral Conference Committee meeting; Ratified by both the Senate and the House of Representatives

NOVEMBER 2018  2018 

JANUARY 2019  2019 

Bicameral Conference Committee reconvened, agreed on the deletion of the provision on

Enrolled copies of SBN1305 and HBN-4113, sent to the Office of the

appropriation and on exempting maternity leave benefit from income tax, and approved the revised committee report on the ratified Expanded Maternity Leave

President of the Philippines through PLLO for the signature and approval of PRRD

Bill

 

Background

FEBRUARY 2019  •

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Signed into law by the President on 21 February 2019 Published in Manila Bulletin on 23 February 2019 Date of Effectivity: 11 March 2019

MARCH 2019 - APRIL 2019  2019  •

An inter-agency TWG was constituted to draft the IRR

 

01 MAY 2019  2019  •

Implementing Rules and Regulations was signed

 

State Policy  Protection and promotion of the:  rights and welfare of working women  family as basic autonomo autonomous us social institution  life of the mother and the life of unborn from conception  Emphasis on maternal functions of working women (also recognizes the child’s

 father’s shared responsibility in rearing the newborn 

 Provision of enabling environment in which the full potential of women can be

achieved

 Institutionalization of a mechanism to expand maternity leave period

 

Benefit of the Expanded Maternity Leave Ample transition time for the mother to regain HEALTH and WELLNESS  

Assume MA MATERNAL TERNAL ROLES  before resuming paid work

 

New Features of the EML

105 days for live child birth with additional 15 days if solo parent; or

60 days for miscarriage or ETP

Grant of leave in every instance of pregnancy; unli    “  

” ”  

Shared leave with the child’s father or alternate caregiver

 

COVERAGE

 

Coverage of the Law

Female

Female

Female

Women who

Female

workers in the Public Sector

workers in the Private Sector

workers in the Informal Economy

are voluntary contributors to the SSS

national athletes

 

COMMON PROVISIONS TO PUBLIC AND PRIVATE SECTORS

 

Grant of Maternity Leave In case the

All covered female workers regardless of civil status or the legitimacy of her child, shall be granted 105 days or 60 days maternity leave with full pay and an option to extend for an additional 30 days without pay.

female worker qualifies as a solo parent, she shall be granted an additional 15 days maternity leave with full pay

 

ser vices for pre-natal, delivery, postpartum, and Health care services pregnancy-related conditions granted to female workers , particularly those who arebyneither voluntary regular members of the SSS, will be governed the existing rulesnor and regulations of the Philippine Health Insurance Corporation (PhilHealth).

 

Manner of Enjoyment of Maternity Leave Enjoyment of maternity leave cannot be deferred but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner

 

Extended Maternity Leave days,, without pay, can be availed of, at the An additional maternity leave of 30 days option of the female worker provided that the employer shall be at least 45 days due notice.  notice. 

 

Frequency of the Grant Maternity leave shall be granted to a qualified female worker in every instance of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency.

 

Non-Diminution Non-Diminu tion of Benefits Nothing in this Rules shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining (CBA), or present laws, if the same are more beneficial toagreements the female worker.

 

Security Securit y of Tenure Those who avail of the benefits of the Expanded Maternity Leave Law (EMLL) shall be assured of security of tenure. As such, the exercise exer cise of this option by them shall not be used as basis for demotion in employment or termination

 

Non-Discrimination No employer shall discriminate against the employment of women in order to avoid the benefits provided for in the EMLL.

 

EML in case of Terminated Employees Maternity leave with full pay shall be granted even if the contingency occurs not more than 15 calendar days after the termination of an employee’s service  

EXCEPTION: The 15-day period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent equivalent to her salary for105 days or sixty 60days, as the case may be.

 

EML for Female Workers with Pending Administrative Case

Female workers, workers, in the public sector and in the private sector, sector, can enjoy the maternity leave benefit even if she has a pending administrative administrative case

 

EML OF FEMALE WORKERS IN THE PUBLIC SECTOR

 

Eligibility  Eligibility  Any pregnant female worker in the government service, regardless of employment status and length of service, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corporations (GOCCs), or State Universities and Colleges (SUCs), shall be granted maternity leave under this Act.

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The female worker shall give prior notice to the head of agency of her pregnancy and her availment of maternity leave by further specifying the effective date of the leave. The female worker shall be entitled to full pay during maternity leave which shall be paid by the agency.

 

Maternity Leave in the Teaching Profession

Female teachers may also avail of maternity leave even during long vacations.  They shall be grant granted ed with the maternity leave benefits and proportional vacation pay.

 

Consecutive Pregnancies •

In case of overlapping maternity benefit claims (e.g. one miscarriage or emergency termination of pregnancy pregnancy or followed followed by live live childbirth), female member shall be granted maternity benefits for the twothe contingencies in a consecutive manner.

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The female worker shall be paid only one maternity benefit, regardless regar dless of the number of offspring, per childbirth/delivery. childbirth/delivery.

 

Dispute Resolution Disputes, controversies, controversies, or claims arising out of or relating to the payment of full pay shall be filed to the head of agency and may be

appealed toover the the Civilagency. Service  jurisdiction agency . Commission (CSC) Regional Office having

 

EML OF FEMALE WORKERS IN THE PRIVATE SECTOR

 

Eligibility Requirements:

She must have paid at least 3 monthly contributions in the twelve-month period immediately preceding the semester of contingency

The female worker shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS  SSS 

 

Workers in the informal economy, OFWs, and voluntary SSS members may give notice directly to the SSS  SSS 

 

Amount of Benefits  Covered female workers availing of the maternity leave benefits must receive

their full pay. 

Full paymaternity shall refer to the full salary of the female worker for the entire duration of her leave.

 Full payment of the maternity leave benefit shall be advanced by the employer

within thirty (30) days from the filing of the maternity leave application.

 

Reimbursement The SSS shall immediately reimburse to the employer the maternity benefits advanced to the employed female member, only to the extent of 100% of her average averag e daily salary credit credit for  for 105 days or 60 days, as the case may be, upon receipt of satisfactory and legal proof of such payment.

 

Salary Differential Employers from the private sector shall pay for the difference between the full salary and the actual cash benefits received from the SSS.

FORMULA

Female Worker’s Full Salary 

Actual cash benefits received from SSS

Salary differential to be borne by the employer

 

Exempted Establishments from paying Salary Differential

 Those operating distressed establishments;

retail/service establishments and other enterprises employing not more  Those than ten (10) workers;  Those considered as micro-business enterprises and engaged in the production,

processing, or manufacturing of products or commodities including agroprocessing, trading, and services, whose total assets are not more than Three million pesos (P3,000,000.00); and

 Those who are already providing similar or more than the benefits herein

provided 

 

Consecutive Pregnancies and Multiple Childbirths •

In case of the overlapping of two (2) maternity benefit claims, the female member shall be granted maternity maternity benefits for the two contingencies in a consecutive manner. However, the benefit corresponding to the period where there is anamount overlapof shall be deducted from the current maternity benefit claim; and

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The female member shall be paid only one o ne maternity benefit, regardless regar dless of the number of offspring, per childbirth/delivery. childbirth/delivery.

 

Dispute Resolution Disputes, controversies, controversies, or claims arising out o ut of or relating to the payment of full pay shall be filed before the Social Security

Commission (SSC). Disputes, controversies, controversies, or claims arising out of or relating to the payment of salary differential shall be filed before the DOLE Field/Provincial/Regional Office having jurisdiction over the workplace.

 

MATERNITY FOR WOMEN IN THE INFORMAL ECONOMY

 

Eligibility

She must have paid at least 3 monthly contributions in the twelve-month period immediately preceding the semester of contingency

 

ALLOCATION OF MATERNITY LEAVE

 

To Whom may the Benefits be Allocated?

A female worker entitled to maternity leave benefits may, at her option, allocate up to 7 days of said benefits to the following: in case of death, absence, or incapacity of the child’s father 

or Child’s father 

Relative within the

Current partner

4th  consanguinity

(regardless (regar dless of SOGIE)

 

What if the Female Worker dies or permanently incapacitated? The balance of her maternity leave benefits, if any, shall accrue to the child’s father or to a qualified alternate caregiver.

 

PENALTIES

 

Whoever fails or refuses to comply with the provisions of RA 11210 shall be punished by:

FINE

P20,000.00 –  P200,000.00

IMPRISONMENT

6 years and 1 day 12 years

BOTH 

 

If committed by an association, partnership, or any other institution, its managing head, directors, or partners shall be liable to the penalties provided for under the law.

Failure  Failure on the part of any association, partnership, corporation, or private enterprise to comply with the EMLL shall be a ground for nonrenewal of business permits.

 

THANK YOU! Department of Labor and Employment BUREAU OF WORKERS WITH SPECIAL CONCERNS 9th Floor G.E. Antonino Building T.M. Kalaw corner J. Bocobo Streets Ermita, Manila